THE
REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by
Mayor Allen Green at 6:59 p.m.

Pledge
of Allegiance

Silent
Invocation

Roll
Call: Present: Councilman Bob Ford

Councilman
Donald Burnette

Councilman Dennis
Kennedy

Vice
Mayor Bob Pohlmann

Mayor
Allen Green

Also
Present: Kenneth W. Parker, City Manager

Margaret
T. Roberts, City Attorney

Laura
Tennant, City Clerk’s office

SPECIAL REPORTS, AWARDS, RECOGNITION, PROCLAMATIONS

4.Citizen Advisory
Committee for TPO

Bobby
Ball discussed an amendment regarding the Herbert Street sidewalk construction
project that will come before the board as soon as possible.

Vice
Mayor Pohlmann asked if they are financing the whole construction project. Mr.
Ball said $192,000. Councilman Burnette asked about the construction schedule.
Ken Parker, City Manager, said it will be in the summer of 2013.

Mayor
Green invited the boy scouts in attendance to come forward. Troop number 448 of
South Daytona is attending to work on the Citizenship in the Community merit badge.
The scouts all introduced themselves to Council.

CITIZEN
PARTICIPATION
(Non-Agenda – 15 Minutes)

Dr.
Margaret Smith discussed the school board one mill referendum. She discussed
the losses that have occurred. She said it is hurting them in having to reduce
programs. She expressed concerns for the quality of the education. She is
asking voters to educate themselves about the one mill referendum. She left informational
cards for Council and the public. She expressed concerns for the future of
education for young people.

Brian
Spies, citizen, discussed the mistakes with water billing. He said the fire
department has a less than $20 million unfunded pension fund. There is about $830,000
in mistakes the City has made. He feels the money could go toward a portion of
unfunded items. He hopes the City will recuperate the money and does not like
that the employees were suspended with pay. He said the upcoming election
signals there needs to be changes.

John
Junco thanked Council and said everything is in place for the upcoming camporee.
He presented Council with camporee patches. It is an open door invitation for
everyone to come see the festivities. He discussed the events of the camporee
and said the Boy Scout function runs Friday the 19th until Sunday
the 21st, with festivities on Saturday. Mayor Green thanked him for
his efforts in putting this together.

Newton
White, citizen, said that in 2004 his home was flooded and he was assured it
was a 150 year event and that improvements would aid his problem. He said he had
water in his home again in May and discussed fears for rain and hurricanes. He
said it has been eight years since improvements were first talked about. He
discussed an exchange with Mr. Parker and that he was told it is not in the
capital plan or budget. He asked for a map of the 55 acres that was calculated
by Roger Smith and for information on the improvements to address developments
in the area that would harm him and others. None of his requests have been
answered for years. He wondered if drainage plans need a clearance from Homeland
Security to be discussed truthfully. He said he has been told conflicting
stories. He discussed a letter from City Staff. He feels improvements need to
be made. He asked Mayor and Council if this is what to expect of City Staff and
if it is being done with the consent of elected City officials.

Councilman
Ford said Sparks Concrete is not being a good neighbor. Mr. Parker said the site
plan has been approved. Councilman Ford said he cannot support a concrete plant
in that area.

Motion to approve
Consent Agenda item 9 made by Councilman Kennedy, and Seconded by Vice Mayor
Pohlmann. Motion denied unanimously by roll call vote after no further comments.

Mr.
Parker said he will draw specifications and rebid. Mayor Green said Sparks is
doing repairs and concrete has not come out of the plant. He voted in the
majority so that he can ask for reconsideration.

Councilman
Burnette asked that Item #10 be pulled for further discussion.

Councilman
Burnette asked about the sending unit. Mr. Parker said it is an antennae and
sending unit, not meters. Councilman Burnette asked if the products are made in
America. Mr. Parker said he would have to check. Tony Marino, IT Director, said
the antenna is a re-use, the tower is U.S. made. He does not know what the unit
is made of, and said it was probably made in China. Most electronics are not
made here. He said he can investigate. Mr. Parker suggested the item be pulled
to get answers. Councilman Ford said he is very unhappy with Sensus Meters and
the company. He is unhappy with the mess and said it has been going on too
long. He wanted to know if the City is getting into a further commitment with a
company that is not good to work with. Mr. Marino said they can use a different
meter.

A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING
OPERATING FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES;
AND PROVIDING AN EFFECTIVE DATE.

Motion to approve Resolution
No. 12-68 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

Councilman
Kennedy and Vice Mayor Pohlmann had no comments. Councilman Burnette said he is
glad to see money is being set aside for this. Councilman Ford said the
landscaping is good.

Mayor
Green read the details of the protest. Mr. Parker said this is straight forward
in the bid documents. The item was required and it is a standard form that was
not present, therefore Quentin L. Hampton and Associates (QLH) would not be
allowed to proceed to the interview process because they were not in
compliance. That is not disputed; however, the missing document was provided at
the protest hearing. A letter has been provided from QLH and one from Mr.
Parker as it relates to the protest hearing that was conducted on September 17,
2012, that goes through detailed requirements included in the proposal. He discussed
specifics and said failure to comply may deem a proposal non-responsive. The form
was to be completed and submitted by the proposers. There was discussion on
what is required and what has to be done. All exhibits have been included
including letters from competitors saying they have no objections to QLH being
allowed to submit; it is not all proposers. It was found that QLH failed to
submit the required anti-collision form as required in the RFSQ 12-36.
Specifications clearly stated that failure to execute the required forms will
deem a proposal non-compliant with specifications. Based upon this information
and the testimony at hearing, it was determined QLH’s proposal is non-compliant
and therefore should not be allowed to proceed to the next phase. He said they have
provided the best service to the City of Port Orange, and this service
(inspection services) for over 15 years.

Councilman
Ford asked how much money the City has spent in inspection services in the past
year. Stella Gurnee said about $50,000-ballpark. Mr. Parker said it is a
correctible issue. Councilman Ford asked if it was an oversight. Mr. Parker said
yes, and that it is clearly stated in their letter to the City that it was an
oversight on behalf of the individual that did the preparation and not
including it. It was not included in printed material. In the testimony, they said
they did not catch it in the review to see that it was omitted. He said that is
his understanding during the testimony period. One, it was an oversight from
printing and two, when reviewing it they did not catch it.

Councilman
Burnette mentioned it does not have to do with actual engineering and asked Mr.
Parker for his opinion on past work. Mr. Parker said they are extremely good.
Councilman Burnette said this is a local firm and asked if the other bidders
were local. Mr. Parker said three of the firms are local in addition to QLH and
there are two outside of the area.

Vice
Mayor Pohlmann asked if Mr. Parker’s decision was based strictly on the outline
of the bid. Mr. Parker said yes, he does not have the authority to wave bidding
procedures.

Councilman
Kennedy said there has been a historically good relationship with QLH and is
disappointed they would miss this. He said the second option in the
recommendation is to overturn the decision and waive the exclusion of the
anti-collision statement. He mentioned the statements from other bidders to
accept the bid. Mr. Parker said this is a proposal and that the bidders will be
interviewed, QLH is asking to move to the next stage.

Mayor
Green said this is clear it is inspection not engineering.

Brad
Blais, President of QLH, apologized for missing the document. He submitted a copy
to Council. He said it arrived at their office at noon and had to be submitted
by 2. He said it is not an excuse but what happened. He discussed Purchasing Ordinance,
Section 2-265, and said it is there to handle waiving of bidder irregularities.
He pointed out Council has the authority to waive in the best interest of the City.
There are often irregularities and pointed out there are a lot of
irregularities that have been waived and approved. The form is non-substantial.
He said this is not bid rigging or price fixing; they are being ranked on qualifications,
not on price. He said the form that was not included is in his opinion irrelevant.
Mr. Blais discussed recent projects that were on a letter. There is recent
history of waiving irregularities. He presented to Council copies of the Wellfield
solar program. The reason this is done is that it is necessary in the regular
course of business. In the days of Bobbi Palmer, she would call and tell them
it was missing and then include that information in the DF for Council to see
what happened and how. It is a problem and it is being addressed in the purchasing
ordinance. Mr. Blais said they have been providing service for 15 years and
that this also affects sub-consultants. He discussed the other proposers that
submitted and said the other firms that had the inspection section are the out
of town firms. He is asking to move forward to the next step and requested
consideration.

Councilman
Kennedy said this only establishes qualifications to move ahead. There will be
needs from various companies. He thinks the City should allow them to proceed.
Vice Mayor Pohlmann feels they should be allowed to move forward. Councilman
Burnette agrees it is non-substantial and mentioned the quality of past work.
More bidders mean taxpayers win. He thinks they should be allowed to continue.
Councilman Ford said they have had this discussion many times, and they go back
and forth. He feels paperwork errors should not be excluded. He would like a policy
developed for the things they can/will waive. He discussed the number of
contracts the City has and wants to know if Council wants contracts or
employees. He does not want to pick on QLH, he just wants to be consistent with
this and vote that it is non-substantial and get the best for taxpayers. He is not
happy the State legislature will not allow them to not take in to account price
in determining a bidder. Mr. Parker said there are different groupings, not
every RFP or RFSQ falls under it. There are very specific items that are
covered.

Motion to declare
non-substantial and permit QLH to move to the next level made by Councilman
Ford, and Seconded by Councilman Burnette.

Ted
Noftall asked how many hours have been put into this so far. Mr. Parker said from
the standpoint of preparation for the protest hearing and the period after to
write his opinion, conservatively 4-5 hours. In terms of man hours probably
about 8 or 9 Staff hours involved. Mr. Noftall added the amount of QLH time. He
said this is why government fails; all this time has been wasted that should
have been handled administratively, and there are other issues, such as internal
control failures. He feels this is why government fails because it cannot
prioritize.

Bobby
Ball, with Zev Cohen, said they did not go after this project because they were
convinced they could not provide what QLH provides at the price the City is
getting. He feels it is worth it. Mayor Green discussed internalizing, not
outsourcing. He said it is a very complex business.

Mayor
Green said logic should have been used. He wanted to know why they would not
have done split face block. He mentioned this being a civil issue. When the
proposer came to the City with it this close to the property line they were
warned. He has been involved for a long time. The neighbor does not want them
on their property; they cut down oak trees and he feels that is wrong. Mr.
Parker said the problem is that it was brought before the Code Enforcement Board.
The Code Board heard the case and determined there is no violation of the code.
The code is very clear what it requires. He called attention to the Code Board
Order. Mr. Parker said it was around the ability to go on and do the work. The
code case heard by the Board resulted in that they could not physically go in
and comply. There is still the requirement to meet the code.

Tom
Clapsaddle, General Manager of Country Inn and Suites, said they made every
effort to work with the neighbor, Mr. Root. They showed up to all the meetings
and the neighbor was not there. He said they did cut down shrubs and vegetation
but not oak trees. Mayor Green said they did. Mr. Clapsaddle said they do not
mind finishing the wall but they cannot get there. But if they cannot, they are
requesting their money back.

Phillip
Klema, citizen, raised questions about trespassing and easements. He said that
usually when there is a zero lot line an easement is obtained. He wanted to
know why the City allowed them to place it on the property line with no ability
to maintain it. He said if this is a violation of trespass it is a serious
issue. He feels if it cannot be built to code, it should be removed and
replaced in a position it should. He said property damage is a felony offense.

Mr.
Parker gave a brief history of the property. The current owner is not the
original developer nor is he the one who came through originally. Community
Development did not recommend the wall at this location when it was before
Council. There were discussions involving depth of parking spaces for motor
homes, and how to park tractor trailer. Council allowed the wall to be moved
back to the property line at that time. The current owner was taking up a
program under construction and finishing it. They were in compliance of the wall
location for the site plan.

Mayor
Green mentioned Jim Morris said the back side was worked out. He does not know
what happened from then to now. They could have taken split face block and
stucco to the inside. He is not sympathetic. They derived the benefit of
redoing the parking lot.

Councilman
Kennedy said this goes far enough back that he was on Planning Commission when
they heard the original site plan and he remembers George McMasters and himself
having a lengthy discussion about the ability to maintain the backside of the
wall and the ongoing maintenance. He said that is why the wall was originally
set forward. The options are to get the neighbor and the hotel to concede that it
has to be taken care of and make it happen or take the wall down and move it
forward enough to maintain it. They have to find a way to get them together to
work it out. He feels the wall is in the wrong spot. He does not know what can
be done to get the neighbors to concede but it has to be done, even if the
hotel has to buy three feet of the neighbors land.

Vice
Mayor Pohlmann asked about getting a third party intermediary. Margaret
Roberts, City Attorney, said if the parties are willing. Vice Mayor Pohlmann
said he is not in favor of a refund until they get a resolution.

Councilman
Burnette said he is not sure it has been flushed out completely. Even if it was
made with the consent of the property owners at that time, owners change hands
or change their minds; it is within their rights because it is their property. It
makes for an ugly situation but it is what it is. He would hope the parties
would agree to mediation. It is not just the property owners that are affected,
it affects all who drive by and see the wall. He said they need to get there
before thinking about a refund.

Councilman
Ford said they need to understand that any solution imposed on them, they have
liability because Council approved it. They are limited since Council approved
it that way. He does not know what to do if the two parties do not agree. There
are no answers. He recommended sending a memo to Community Development to watch
the walls in the future. He urged Mr. Parker and the Community Development Staff
to take a stab at mediation.

Mayor
Green said when they moved the wall; it was moved for utilization for parking
lot. He said they could have put a split face in that would never have to be
maintained. He said it is poor design. He said he has talked to the neighbor
and he is not going to budge.

Mr.
Clapsaddle pointed out that no one can see the back side of the wall, including
the neighbor. He does not have a problem finishing it.

Councilman
Ford wants a resolution. He does not mind returning the money if they do a stipulation
that they will finish the wall as soon as it is legally possible.

Mr.
Klema mentioned the wall is on the line and the footings extend out. Easements
do not give the right to cross over and build a sound wall. They do not have
the right to trespass. He sees the City’s problem because by approving the wall
they have accepted some liability in the issue. Attorney Roberts said the City
does not condone trespassing. Attorney Roberts said there is 14-18 inches on
the other side of the wall before the property line. Mayor Green mentioned they
probably cannot stucco in that space. Attorney Roberts said the survey that was
provided showed the structure is completely on the hotel property. Mr. Klema
suggested with Altamira that they consider setbacks. Attorney Roberts said they
have.

Motion to return
funds upon the receipt of an agreement by the property owner of the hotel that
they will finish the wall when legally accessible made by Councilman Ford, and
Seconded by Vice Mayor Pohlmann. Motion carried unanimously by roll call vote
after no further comments.

Mr.
Parker said he will provide a written statement to both property owners.

Mr.
Parker brought Mayor Green and Council up to date on items that have occurred
since the last meeting. An additional Shores master meter has been found. They
have been notified that energy charges will be seen. Ms. Gurnee sent a memo
that the Shores item was an account classification problem rather than a
specific in the table. He said he would put his notes in written form. Tomorrow
night there will be a huge diagram that will carry them through all the elements
that are there. The City is out of meters, the ones in stock have now been
placed in the system. Some have been held back for new building permits or new
service being established. They have ordered 300 Neptune meters, which hits the
purchasing threshold. They will need to come before Council for additional
authorization for meters because those are due to arrive on November 1st. 300
meters in the replacement phase is a little over one week. Neptune has offered
the City replacement meters at $75.80. The cost for a Sensus meter is $78.50 if
you buy a large volume.

Vice
Mayor Pohlmann asked if Neptunes are American made. Mr. Parker said yes, the
meter has a U.S. manufacturing label. He does not know if all of the parts are
fully American, they will need that certification. A letter has been mailed to Sensus,
to Mr. Lutz, requesting them to give specific information on the warranty in
writing talking about how they are going to meet warranty requirements. He said
he got an email today from Mr. Lutz saying he would be sending an answer by the
end of the week. He said Ms. Gurnee suggested bringing in an HTE business
analyst. Mr. Parker discussed how they could be better used in the meter
reading division. He wants to review the business process and carry that
through to other sections to be sure the software is being used to its fullest
extent. Staff is compiling documents, there are more than 500 pages so far,
which will be given to the auditors and any professionals involved in the investigation.
The documents were not transmitted this afternoon because the number of units
may exceed the email so they want to be sure not to crash the computer when
posting. Mr. Parker said he has a meeting set with Daytona Beach Shores on Thursday
per Council’s instructions related to recapturing money. He is also attempting to
schedule a meeting with Volusia County relating to the Fly-In meter issue. Tomorrow
night he will have some items ready for them. He said they need to understand
what elements will be tested and how they will flow through. Staff met
yesterday about the RFP, he and Attorney Roberts still need to do drafting
related it. He has a meeting tomorrow relating to the civil service process. Technical
issues need discussed. The auditor, Alex Kish, has provided some insight to
some question needing to be asked but surely not all that will need to be
asked. There are 191 Neptune meters in the ground with no reported failures. He
will get information on the tower issue. He said the contract issue for installation
is on the agenda for next week. It will be a private contractor. He discussed
when looking to install a number of meters in a small amount of time. He said
they need to price out internal Staff versus using a contractor.

Mayor
Green said Mr. Lutz is non-responsive and Sensus is non-responsive. He is concerned
about touching a product under warranty. There is no reason Mr. Lutz should not
come and replace the meters right away. He said they cannot prolong it for a
month. He wants to know what the warranty says.

Councilman
Ford said his understanding is that the City has returned over 3,000 to them. He
is confused why they do not understand the warranty yet. Over 3,000 have been
returned to Senses. An unnamed meter reader told him they return it but costs
and the warranty is not very effective. He wants to know if the City has copy
of the warranty. He would like to build an in-house capacity he can trust and
is experienced with meters. He asked if they can get a consultant who knows
about meters to assist on this and for a copy of the warranty.

Vice
Mayor Pohlmann asked if most of the meters were installed by Staff. Mr. Parker
said all meters are installed by the City. Replacements are installed by meter
readers with assistance and new meters are installed by a distribution crew. He
said the City does have experienced people who know how to install meters. Councilman
Ford asked about the turnover rate. Mr. Parker said that is with Customer
Service, meter reading is very stable. Councilman Ford asked why it was
transferred to Customer Service. Mr. Parker said it has always been a part of
the Finance Department, not Public Utilities. One of the discussions Council
will have is to separate meter readers from Customer Service. Councilman Ford
asked about the number of failed meters sent back to Sensus over the years. Mr.
Parker said he will get it.

Mayor
Green said he wants a calendar and they need to have an answer. Sensus should
be here, they need to replace them.

Councilman
Burnette wants to know if they need to threaten to drag them to court to get
their attention. Attorney Roberts said she would invite them tomorrow night. Mayor
Green said he is located in Flagler Beach. Mr. Parker said he would make sure he
is invited. Councilman Burnette said they need data on failure rates on Sensus
versus other meters. Mr. Parker said there have been no failures with Neptune.
The City is down to very few other types and he will provide a failure rate of
what is known. Councilman Burnette discussed item 10 and said he has trouble
authorizing writing a check to them for anything at this time.

Vice
Mayor Pohlmann asked about having someone from meter reading present tomorrow
night. Mr. Parker said he will invite Nancy Zuber. Vice Mayor Pohlmann
discussed the need to replace meters and wants to know if it has affected
warranties in the past. Mr. Parker said not that he is aware of. The meters are
taken out and sent back. Vice Mayor Pohlmann not voiding any warranties. The email
he received said they generally wear out in 5-7 years. Mr. Parker said there
are very few Sensus meters left, but they do have to install service. Vice
Mayor Pohlmann mentioned having to purchase some meters anyway and asked if it
is in the budget. Mr. Parker said yes. Mayor Green agreed he would like a meter
brought to the meeting.

Councilman
Kennedy asked about a large part of the problem being assembly. Mr. Parker said
that was discussed last week and that a meter is the whole unit, or it is the
component of the meter and any one of those can be a failure. Councilman
Kennedy asked about the ability to not use the same manufacturer as the sending
unit. Mr. Parker said that is correct, it may be proprietary. It will send and
will be read by the Flexnet software. The software is the open system. Port
Orange originally standardized on Rockwell meters in the 70s, Sensus is the successor
of Rockwell and that is the standard meter in Port Orange. Councilman Kennedy
asked how many are in the ground. Mr. Parker said about the mid 30’s, including
water meters and reclaimed meters. He can get the exact amount and will get the
number that was sent back as well. Councilman Kennedy said he agrees with
Councilman Ford, if ten percent were sent back and they do not understand the
warranty they have serious issues to address. Mr. Parker said he will get the
data. Councilman Kennedy said he also agrees with Councilman Burnette in that
he does not want to give Sensus a dime until this is resolved.

Mayor
Green asked where the meter readers work. Mr. Parker said at the warehouse/Public
Works facility. Mayor Green said that is where they should be meeting.

Councilman
Ford said the meters readers are deeply distressed and that this is not a
problem with them. He said to the employees there, that Council is not holding
them responsible, this is a managerial problem. Mr. Parker stated for the
record, as he recalls, there was a comment on a blog using City computers. Not
in a note to anyone, just a blog. The concern was liability. Not that there was
anything wrong but it could be traced back to the City ISP. So when talking
about liability they need to discuss it with employees, not that they did something
wrong, but they would be concerned about the liability. Councilman Ford said
they took it a different way and asked how employees can be in one state of
mind and them in another. He asked if they talk to employees. Mr. Parker said
yes. Councilman Ford said he is very serious about this. While he may not agree
with him he does want to hear Mr. Parker. Mayor Green said they have to be
aggressive in resolving the issues. Mr. Parker said they met with employees, through
three budget cycles, and never once did meter issues come up. Councilman Ford said
he wanted to be clear that his remarks are not directed to Mr. Parker because
he has had employees tell him they felt Mr. Parker was significantly lied to. Councilman
Burnette mentioned people being intimidated to not talk and that it is hard to
know the accuracy of Staff reports. He thinks having them here would be
helpful.

Mark
Schaefer, citizen, said he knows it is a big issue but that maybe it is not as insurmountable
as originally thought. The numbers are discouraging. More investigation is needed.
He is in favor of an internal audit. He said he has a Sensus meter and it is
reading fine, whereas some may not be. He would like to see many people brought
in from different departments to help make good decisions. He is trying to
offer help. It is a big number of money missing. It is going to be a big cost
to fix. Mayor Green said he prefers it is what it is and be open about it. Mr.
Schaefer mentioned assigning blame and that it is still too early in process. He
discussed the number of meters needing resolved. Mr. Parker said they can do
200 in a week. Mayor Green discussed bringing in outside help. Mr. Schaefer
discussed the issue of overcharging and asked if there is a good asset listing.
Mr. Parker said they have an asset listing. It was found that there are two
serial numbers, the base and the register. Over time the registers and bases
have become disconnected. He said the meter readers were told that when they
are installing to be sure to record the base number as well as register number.
They need to be changed out at different rates. Mr. Parker said in current
meter installation, a longitude and latitude reading is taken. It was suggested
by both Finance and IT to capture that data. Mr. Schaefer asked if they are
confident all the meters have been found. Mr. Parker said they think so but
they are constantly checking. Master meters were discussed.

Ted
Noftall, citizen, asked Ms. Gurnee about the 3” binders she prepared the
previous year on adjusting entries. Ms. Gurnee said she can get the number; she
does not like to guess. Mr. Noftall mentioned it was a good move to move Roger
Smith to Public Works but thinks he should be moved back and Shannon Lewis
should be moved to Public Works. He feels Mr. Smith should be brought back for
his expertise. He asked where the process was in bringing in a hard hitting
CFO. Mayor Green said they have to identify the problem and then advertise,
which they have not done. Ms. Gurnee has asked for help and is overburdened as
it is. Mr. Noftall said he would like to see a weekly diary from department
heads of what all they do. He said the adjusting entries is a huge problem. He
mentioned that the auditor brought up in 2009 the extensive amount of
adjusting. He wants to know why he is paying double at his business than he is
at home. Mayor Green said it is already being addressed, and is on the table to
be resolved. Mr. Parker said they are already in discussion with the rate
person to make the tables less cumbersome. Mayor Green said something to look
at is why get a 3" meter.

Stan
Hetrick, citizen, expressed concerns over the meter issue, cost, and expense in
solving. He suggested putting something on the website for updates, like a
diary, an update on progress and status and a timeline for a resolution. Mayor
Green asked if there is an agenda for Staff meetings and suggested that might
be a way to document it. Mr. Parker said there is an agenda.

Newton
White, citizen, mentioned a new meter costs $75 from Neptune and the number of
Sensus meters returned. He asked if postage is being paid for sending meters
back. Mr. Parker said when returned on warranty, no, but he will look into it. Mr.
White asked how much it costs to have someone go through the return process and
wanted to know if it was worth sending them back when they have such a failure
rate. Mayor Green said Rockwell was not cheap.

Drew
Bastian, City Council candidate, asked if Sensus has communicated. Mr. Parker
said they have asked for data and discussed the warranty. He said they are
figuring out what the warranty is. Mr. Bastian asked if they wanted another
meter made in Mexico with a high failure rate. Mr. Parker said the ones that
they could identify as not operational were changed. There are Neptune meters
on order but will not arrive until November 1st. Mr. Bastian thinks
they should be all sent out on one truck to avoid shipping.

Mayor
Green said he hopes everyone is prepared to get a plan tomorrow night. Councilman
Burnette asked about the methodology for testing meters. He would like to know
how to check/test the meters. Mayor Green discussed his meter and backflow
preventer.

Councilman
Kennedy said he is interested in seeing the information. He apologized for
being on vacation last week and missing some of the information. He is
interested in seeing where they get tomorrow. It is a huge problem to deal
with. He wants to continue to talk residential meters and would like to see
information on master meters on verifying corrections made and to discuss
getting money back. Mr. Parker said he understood from Council last week to get
the money back. He has a meeting on his calendar for this week.

Councilman
Ford asked about hiring a consultant to do read tables. Mr. Parker said it is the
rate study. Councilman Ford asked if when a rate is set if a study is done. Mr.
Parker said a consultant goes in and looks at rates and brings a recommendation.
It is not something he is comfortable with Ms. Gurnee doing and said she would
agree. Councilman Ford discussed the future and the tremendously complex
system. He asked if they need to make personnel investments for expertise. He
said he saw some of Roger Smiths early memos, and that Mr. Smith has a holistic
view. He said one of the problems of coming of age is that it is going to demand
a different level of expertise and training. He wants a holistic view.

Mayor
Green said they want as much information as possible tomorrow night. It is not
going to be resolved but will get started.

COUNCIL
COMMENTS

18.Comments/Concerns from Council Members

Councilman
Ford did not have any comments.

Councilman
Burnette wants to know what is going on with the mowing contract and Riverwalk.
Mr. Parker will clarify. Councilman Burnette discussed correspondence and that
he talked to Newton White. It is not just his property; he has concerns of what
can be done. He wants to set aside something in the budget to help homeowners
in that area.

Vice
Mayor Pohlmann asked if Mr. Parker would be making recommendations on
additional help tomorrow. Mr. Parker said he plans to, yes.

Councilman
Kennedy discussed the Spruce Creek Road drainage ditch. He said a gentleman
came to him and said there is a lot of standing water. He would like someone to
look at it and does not think it is draining properly. The whole area is
continuing to be an issue.

Mr.
Parker said Council agreed to meet with a Ridgewood business grouping at the Chamber
location in a couple weeks on the 30th. He said he met with Debbie and Brendan
today and they have a good agenda for that date. He asked Council if that meets
their requirements. Mayor Green said as long as they are informed up and down
Ridgewood.

Mr.
Parker said Council requested a meeting with the Parks and Recreation Advisory Board.
He discussed upcoming meeting dates and asked when Council wanted to meet with
the Board. He said this is part of carryover discussions with the capital
budget that will need more than a few hours. Mayor Green wants to get it all
brought forward to see what was implemented. He wants data to review to
compress the time. Mr. Parker said they are trying to put the calendars
together and it is quickly becoming the holiday season. Vice Mayor Pohlmann
asked if they need to have an agreement for the property exchange prior to the
meeting. Mr. Parker said the original property discussed is not what is being
talked about. It was moved off of Tomoka Farms Road and have moved back into
the uplands. He said they are going to have to give up more property because of
there are more wetlands on theirs and uplands. Councilman Ford mentioned the purpose
being to make it closer to Port Orange. Mr. Parker said they already own
property, just short of 400 acres in the triangle piece. Council asked for 300
acres. On 100 acres you can put soccer and ball fields with adequate parking. The
layout in place is based on a Disney layout. Mayor Green asked when the Parks
and Rec Board meets. Mr. Parker said quarterly on Tuesdays but they can call a special
meeting. Mayor Green said to pick some dates and see what they can get.